Home Brexit Legal challenge to prevent PM forcing no-deal Brexit to be heard by judge

Legal challenge to prevent PM forcing no-deal Brexit to be heard by judge

by Mark Fitt Political Journalist
12th Aug 19 1:40 pm

A legal challenge to prevent Boris Johnson to force through a no-deal Brexit by suspending parliament is to be heard by a judge.

The initial hearing will take place on Tuesday before Lord Doherty and the Court of Session which will determine how the legal challenge will proceed.

More than 70 cross party MPs and peers back the petition which has been supported by the Good Law Project.

Jolyon Maugham QC, director of the Good Law Project, said: “A man with no mandate seeks to cancel Parliament for fear it will stop him inflicting on an unwilling public an outcome they did not vote for and do not want.

“That’s certainly not democracy and I expect our courts to say it’s not the law.”

Ian Murray a Scottish Labour MP who signed the petition said, “When Boris Johnson unveiled his vacuous slogan ‘taking back control’, voters weren’t told that this could mean shutting down Parliament.

“The Prime Minister’s undemocratic proposal to hold Westminster in contempt simply can’t go unchallenged.

“On behalf of voters across the UK, this cross-party legal challenge aims to prevent him riding roughshod over British democracy.

“A no-deal Brexit would be catastrophic for Scotland and the UK, and voters deserve a final say on whether they want to keep the best deal we have and remain in the EU.”

The papers for the legal challenge state, “Seeking to use the power to prorogue Parliament to avoid further parliamentary participation in the withdrawal of the UK from the EU is both unlawful and unconstitutional.”

The papers warn, “the exercise of the power of prorogation would have irreversible legal, constitutional and practical implications for the United Kingdom.”

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